The Department of Defense (DoD) defines sexual assault as intentional sexual contact by force, physical threat, abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling) or attempts to commit these acts. Sexual assault can occur without regard to gender, spousal relationship, or age.

The military further stipulates that victims do not have to offer physical resistance. Nor is consent given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.